Opinions

MKB Management Corp, et al. v. Burdick, et al. 2014 ND 197
Docket No.: 20130259
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: The concurrence of four of the five justices of the North Dakota Supreme Court is necessary to declare a statute unconstitutional.
H.B. 1297, relating to the regulation of abortions, is not declared unconstitutional by a sufficient majority.

Interest of J.A.H. (Consolidated w/20140146) 2014 ND 196
Docket No.: 20140145
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Juvenile Law
Author: McEvers, Lisa K. Fair

Highlight: When a juvenile court provides insufficient findings to review, jurisdiction may be retained under N.D.R.App.P. 35(a)(3) and the case remanded with instructions that the juvenile court make expedited findings of fact.

State v. Fetch 2014 ND 195
Docket No.: 20140129
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A driver who has refused a chemical test but later changes his mind and consents to the test can cure the prior refusal.
Consent to a chemical test is not coerced and is not rendered involuntary merely by a law enforcement officer's reading of the implied consent advisory that accurately informs the arrestee of the consequences for refusal, including the criminal penalty, and presents the arrestee with a choice.

Interest of G.L.D. (CONFIDENTIAL) (cross-reference w/20100230 & 20120175) 2014 ND 194
Docket No.: 20140034
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: In proceedings for commitment of a sexually dangerous individual, the committed individual has a right to obtain individually identifiable health information and any confidential records provided to the state's attorney.
A district court has broad discretion regarding the scope of discovery in a civil proceeding, and its discovery decision will not be reversed on appeal absent an abuse of discretion.

State v. Patterson 2014 ND 193
Docket No.: 20140048
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: While a prosecutor's improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to carry much weight against the accused when they should properly carry none, inappropriate prosecutorial comments, standing alone, would not justify a reviewing court to reverse a criminal conviction obtained in an otherwise fair proceeding.
When a district court's curative instructions, the weight of the other evidence against the defendant, and overall lack of substantial prejudice show a lack of an adverse effect on a defendant's right to a fair trial, reversal under the obvious error doctrine is not warranted.

Desert Partners IV, L.P., et al. v. Benson, et al. 2014 ND 192
Docket No.: 20140066
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: The N.D. Rules of Court are ambiguous as to whether facsimile transmission is an acceptable method of filing for self-represented litigants.
A district court violates N.D.R.Ct. 3.2 when it holds a mandatory hearing requested under N.D.R.Ct. 3.2(a)(3) without giving parties notice of the hearing.

State v. Everett (Cross-ref.w/20070074, 20080063, 20090244, 20100222, 20100392) 2014 ND 191
Docket No.: 20140102
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: An order denying a petition alleging abuse of process and violation of due process in a criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6) and (7).

State v. Tosseth 2014 ND 190
Docket No.: 20140098
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A district court denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4) and (7).

State v. Tveito 2014 ND 189
Docket No.: 20140075
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court denial of a motion to suppress the results of a blood-alcohol test is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Tveito v. N.D. Dep't of Transportation 2014 ND 188
Docket No.: 20140132
Filing Date: 10/28/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: A district court judgment affirming a Department of Transportation hearing officer's order suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5), (7).